§ 13:5217 — Service of citation; extension of delay to answer

Louisiana § 13:5217

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§5217. Service of citation; extension of delay to answer
A. Service of affidavit of claim in the program or other process shall be by certified
mail, return receipt requested. However, if the receipt is not returned, if requested by a party
filing the pleading who pays the service charge, or if required by local court rule, service of
pleadings may be made in accordance with the Code of Civil Procedure.
B. Notwithstanding any other provision of law to the contrary, the affidavit of claim
or other process shall contain a notice which provides substantially as follows:
"ATTENTION!
THIS LAWSUIT IS FILED IN THE SMALL CLAIMS COURT, WHICH HAS
BEEN REFERRED TO THE ONLINE DISPUTE RESOLUTION PILOT PROJECT
PROGRAM.
THE ORDINARY RULES OF EVIDENCE DO NOT APPLY IN THE ONLINE
DISPUTE RESOLUTION PILOT PROJECT PROGRAM.
IF YOUR CLAIM IS NOT SETTLED IN THE ONLINE DISPUTE RESOLUTION
PILOT PROJECT PROGRAM, THE CASE WILL BE SET FOR A TRIAL DE NOVO.
IF YOU WISH TO FILE AN EXEMPTION FROM PARTICIPATING IN THE
ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM DUE TO AN UNDUE
HARDSHIP, YOU MUST FILE THE EXEMPTION WITHIN TEN (10) DAYS OF
RECEIVING THIS LETTER.
IF THE EXEMPTION IS GRANTED, THE CASE WILL BE SET FOR A TRIAL
DE NOVO.
YOU MAY HAVE THIS CASE TRANSFERRED TO THE REGULAR CIVIL
COURT FOR TRIAL IF YOU WISH. TO DO SO, YOU MUST FILE A WRITTEN
NOTICE WITH THE CLERK OF THE SMALL CLAIMS COURT AND PAY THE
APPROPRIATE TRANSFER FEE WITHIN TEN (10) DAYS OF RECEIVING THIS
LETTER.
IF YOU ARE UNSURE OF WHAT TO DO, CONTACT THE CLERK OF
COURT'S OFFICE OR AN ATTORNEY IMMEDIATELY."
C.(1) If the properly addressed certified mail return receipt reply form is signed by
the addressee or defendant, then service shall be considered as personal service.
(2) If the properly addressed certified mail return receipt reply form is signed by a
person other than the addressee or defendant, then service shall be considered as domiciliary
service.
(3) If the properly addressed certified mail return receipt reply form is returned and
marked "refused" or "unclaimed" by the addressee or defendant, then service is regarded as
tendered and shall be considered as domiciliary service.
D. The facilitator shall request the parties to provide an electronic mail address at
which the party is willing to receive service and notice of future proceedings. The facilitator
shall advise the parties that once an electronic mail address is provided, all service and notice
of future proceedings shall be sent electronically. Service via electronic mail shall constitute
personal service.
E. If service of the affidavit of claim or other process is made pursuant to Paragraph
(C)(2) of this Section, service of the notice of judgment shall be made as provided by law.
If service of the affidavit of claim or other process is made pursuant to Paragraph (C)(3) of
this Section service of the notice of judgment shall be made by the sheriff, marshal, or
constable having jurisdiction.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.

Legislative History

Acts 2021, No. 281, §1.